The High Court: Ex-PH Melaka Speaker and Deputy Speaker can challenge the appointment of their PN successors: Feb 16 for case management…

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Free Malaysia Today@fmtoday

High Court rules that the suit against the appointment of the new speaker and his deputy has triable issues.

MELAKA: The former Melaka state speaker and his deputy from Pakatan Harapan will get their day in court to hear their suit against the duo from Perikatan Nasional holding these positions currently.

This follows the dismissal of a bid by the current speaker, Ab Rauf Yusoh, and his deputy, Ghazale Muhammad, from PN, to strike out the suit filed by their predecessors in challenging their appointments.

Former speaker Omar Jaafar and his deputy, Wong Fort Pin, had claimed that the appointment of the duo after the PH state government fell was ultra vires the Melaka constitution.

Judge Anselm Charles Fernandis made this ruling yesterday in an online decision, saying this was not an obvious case to be struck out.

When contacted, Wong’s lawyer Ng Kong Peng, in confirming the decision, said they had submitted that there are two “conflicting” provisions in the assembly standing orders on the speaker’s powers to adjourn an assembly meeting.

Rauf and Ghazale, in their striking-out bid, contended that any proceedings in the assembly or the Dewan Rakyat could not be questioned in court, as stipulated under Article 72(1) of the Federal Constitution.

They contended that Omar and Wong should have named the state assembly and its secretary in the suit and not them.

In their claims, Omar and Wong said the state assembly was initially suspended on May 11, 2020 after Sungai Udang assemblyman Idris Harun caused chaos on that day.

The duo said PN called for a meeting 30 minutes later but the PH assemblymen were not notified about it.

They alleged the second meeting called by Rauf was invalid, adding that he was appointed as assembly speaker following a vote without any opposition member present.

Rauf’s appointment received the support of 16 of the 17 PN assemblymen present.

Ng said the court fixed Feb 16 for case management.

https://www.freemalaysiatoday.com/category/nation/2021/01/30/court-dismisses-bid-to-strike-out-suit-against-melaka-speaker-and-deputy/

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Ex-PH Melaka speaker, deputy challenge appointment of successors

FMT Reporters -June 26, 2020 1:52 PM

PETALING JAYA: The former Melaka speaker and his deputy filed a lawsuit at the Melaka High Court today to nullify the appointment of state Umno chief Ab Rauf Yusoh as the speaker under the Perikatan Nasional government.

Omar Jaafar and his then deputy, Wong Fort Pin, also sought to nullify the appointment of deputy speaker Ghazale Muhammad.

Omar and Wong sought a court order to reinstate them to their earlier positions.

They claimed that the appointment of Rauf and Ghazale was ultra vires the Melaka state constitution.

“The (state assembly) meeting initially was suspended after Sungai Udang assemblyman Idris Harun caused a chaos in the assembly by claiming I was not qualified to be the speaker as I did not enjoy the majority’s support,” Omar said in his affidavit sighted by FMT.

He said he called off the meeting because of the chaos, but the PN called another sitting 30 minutes later on May 11.

“The sitting was attended by assemblymen only from the government but Pakatan Harapan assemblymen were not notified about it,” Omar said.

Omar and Wong also alleged that the subsequent state assembly meeting called by Rauf was invalid.

t was reported that Rauf was appointed as Melaka speaker following a vote at which no opposition members were present.

Rauf’s appointment received the support of 16 of the 17 PN assemblymen present.

The lawsuit is the latest filed in court to challenge the proceedings in a state assembly.

https://www.freemalaysiatoday.com/category/nation/2020/06/26/ex-ph-melaka-speaker-deputy-challenge-appointment-of-successors/

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